Petal Gas Storage, L. L. C.

Original Volume No. 1

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Effective Date: 06/01/2002, Docket: RP02-332-000, Status: Effective

First Revised Sheet No. 218 First Revised Sheet No. 218 : Effective

 

 

 

 

FORM OF ADVANCING SERVICE AGREEMENT (Continued)

 

 

ARTICLE XI - LAW OF AGREEMENT

 

THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN ACCORDANCE WITH AND

CONTROLLED BY THE LAWS OF THE STATE OF MISSISSIPPI, WITHOUT REGARD TO DOCTRINES

GOVERNING CHOICE OF LAW.

 

ARTICLE XII - MISCELLANEOUS

 

1. No change, modification or alteration of this Agreement shall be or become

effective until executed in writing by the parties hereto, and no course of

dealing between the parties shall be construed to alter the terms hereof, except

as expressly stated herein.

 

2. No waiver by any party of any one or more defaults by the other in the

performance of any provisions of the Agreement shall operate or be construed as

a waiver of any other default or defaults, whether of a like or of a different

character.

 

3. Petal and Customer shall proceed with due diligence to obtain such governmental

and other regulatory authorizations as may be required for the rendition of the

services contemplated herein, provided that Petal reserves the right to file and

prosecute applications for such authorizations, any supplements or amendments

thereto and, if necessary, any court review, in such manner as it deems to be in

its best interest, including the right to withdraw the application or to file

pleadings and motions (including motions for dismissal).

 

4. This Agreement and the respective obligations of the parties hereunder are

subject to all present and future valid laws, orders, rules, and regulations of

constituted authorities having jurisdiction over the parties, their functions or

gas supply, this Agreement or any provision hereof. Neither party shall be held

in default for failure to perform hereunder if such failure is due to compliance

with laws, orders, rules or regulations of any such duly constituted

authorities.

 

5. If any provision of this Agreement is declared null and void, or voidable, by a

court of competent jurisdiction, then that provision will be considered

severable at either party's option; and if the severability option is exercised,

the remaining provisions of the Agreement shall remain in full force and effect.